Eco Bath Towelette Classified as "Other Bath Preparation" Under 3307 3090, Not 3402 9091 as Claimed

The CESTAT determined that Eco Bath Towelette should be classified under Chapter Heading 3307 3090 (Other Bath Preparations) rather than Chapter Heading 3402 9091 as claimed by the appellant. The Central Revenue Control Laboratory report conclusively established that the product failed to satisfy Chapter Note 3 of Chapter 34, making classification under Chapter 34 untenable. However, the Tribunal found that extended period of limitation under Section 11A and penalties under Section 11AC were unjustified, as the appellant had disclosed all relevant information in packaging and marketing materials, and had relied on legal opinion. The reclassification resulted from technical test results rather than willful misstatement or suppression of facts. The appeal was partially allowed, limiting the demand to the normal period of limitation. .....

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